Delivering a message to contractor

Detective apparently was sent by developer to suggest disputed items be returned.

Detective apparently was sent by developer to suggest disputed items be returned.

July 20, 2006

Tim Corbett, St. Joseph County's chief homicide detective, paid a visit to a local contractor on July 13 to urge him to return disputed property related to work left undone at a downtown job site. Although he was wearing a badge and carrying a gun, Corbett told the contractor he was not there in his official capacity, but on behalf of a local businessman. Tim Corbett? The commander of the County/Metro Homicide Unit? What in the heck was he doing interfering in what might be a civil disagreement? Is that part of his job? Was it intimidation? Abuse of authority? Maybe. Maybe not. Here's the story. Mark Price, owner of ThermoTech Services Inc., says the developer of a planned downtown restaurant owes him $150,000 for work he completed and materials he bought. Robert Urbanski, who is trying to help the restaurant's owner finish the work, says his figures show that Price actually was overpaid. He insists Price must return some materials so the work can be completed. Price had started work in June 2005 on the Noma lounge and restaurant at 119 N. Michigan St. It was to be done in September, then the date was moved back to October, then to January, then to March. On July 5, Urbanski fired Price, who said he packed up his belongings and left. Urbanski said when Price left the job site the final time, he took truckloads of things needed to finish the work. In dispute were a revolving door, a special heater for the kitchen, a custom-made bathroom sink and other items. Price said he paid for those out of ThermoTech's checking account and was not reimbursed. He has the canceled checks to prove it. Nancy J. Sulok Commentary Nancy J. Sulok is a Tribune columnist. Urbanski said Price was paid for everything, and he also has checks to prove it. He accused Price of stealing the materials. It sounds like a civil dispute, one that might end up in court. But earlier this month, Urbanski said, he called Joseph F. Nagy, who handles budget matters in the prosecutor's office, to get advice. Urbanski and Nagy are longtime political buddies and also served together on the board of the failed Sobieski Bank. Nagy, of course, is a number-cruncher, not a lawyer. He has bounced from job to job to job in local government, including the jobs of sheriff and auditor. Nagy suggested that he talk to Corbett. When he did, Urbanski said, Corbett agreed to pay Price a visit. At about 11:15 a.m. on July 13, Corbett showed up at a job site on the city's southeast side and asked Price to step outside to talk. Price, a Dowagiac resident, said he didn't know who Corbett was, but he was wearing a badge and carrying a gun. The man introduced himself, but Price said the name didn't register with him immediately. Corbett told him he wasn't there in an official capacity, but just as a favor to Urbanski, who wanted Price to return some materials to the Noma work site. Price said he told Corbett he didn't owe Urbanski anything. Price said Corbett told him that Urbanski wanted to send someone to Price's warehouse to try to point out the materials that belong to Noma. Instead, Price said, he asked Corbett to provide a list of the items in dispute. Corbett said he would get the list and deliver it to Price the next day, Price said. That never happened, he added. "The man said he's just trying to do me a favor," Price said. Corbett told him, he said, that he was trying to help Price avoid going to jail. Corbett did not return four telephone messages left for him over three days at the Metro Homicide Office. Nagy also did not return two telephone messages left for him on Wednesday. Prosecutor Michael Dvorak, who is the boss of both Corbett and Nagy, said he has asked both men to give him written reports about their involvement in the case. He said it's not unusual for police officers or investigators from his office to pay a visit to a party involved in such a disagreement. When ownership is in dispute, the police sometimes suggest that the property be returned to the person claiming ownership and that the quarreling parties let a civil lawsuit resolve the argument. But the head of the homicide unit? Dvorak repeated that he will ask Corbett why he got involved in the case. Price said he was frightened by Corbett's visit, especially since the officer was carrying a gun. The next day, he said, he called Urbanski to complain, and Urbanski suggested he talk to Dvorak. Instead, Price went to the county police to file a complaint against Corbett. He talked to John Botich, assistant chief of administration. Botich said he gave Price a form to fill out. Price left, he said, but has not returned so far to file the complaint. Price said he plans to file it today. As for Urbanski, he sees nothing wrong with calling Nagy or with Corbett's visit to Price. People "use the network they have," he said. "I'm grateful for what the prosecutor's office did to try to help us get stuff back," Urbanski said. Nancy J. Sulok's columns appear on Sundays, Mondays and Thursdays. You can reach her at nsulok@sbtinfo.com, or by writing c/o South Bend Tribune, 225 W. Colfax Ave., South Bend, IN 46626, telephone (574) 235-6234.